Attorneys at Law
Barry O. Bernstein
 
Criminal Law Newsletter
 
 
BRIBERY
 
A person commits the offense of bribery when he or she intentionally or knowingly offers to another person or solicits or accepts from another person any benefit in consideration of his or her decision, vote, or exercise of discretion as a public servant, a political party official, or a voter. More...
 
Motion for an Acquittal
 
After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict. More...
 
Battered Person Syndrome and Battered Child Syndrome
 
Battered person syndrome is a derivative of battered woman syndrome. Battered person syndrome involves battery of a male spouse or someone that resides in the household. Battered person syndrome may be used as a justification defense in a homicide prosecution. Typically, the defendant would assert self-defense as a defense and then justify the premise of the self-defense based upon the battered person syndrome. The premise behind battered person syndrome is that this syndrome is gender neutral. More...
 
A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL
 
The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trialMore...
 
Opening Statements during a Criminal Trial
 
In a criminal proceeding each side has the opportunity to present an opening statement to the judge or jury. The prosecution presents its opening statement first and then the defendant presents his opening statement. In some states, the trial judge permits the defendant to defer giving his opening statement until the close of the prosecution's case. If there are multiple defendants being tried in one case, each attorney may give an opening statement for each defendant. More...
 
 
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